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1961 (1) TMI 10 - SUPREME COURTWhether paragraph 12 of the Merged States (Taxation Concessions) Order, 1949, precluded the Income-tax Officer from making an order under section 23A in the case of the assessee company in respect of its profits and gains of the previous year ended 31st December, 1946, and 31st December, 1947 ? Whether in making an order under section 23A in respect of the profits and gains of the year 1946-47 the assessable income of that previous year is to be reduced not only by the amount of income-tax and super-tax payable by the company in respect thereof but also by the amount of interest charged to it in accordance with the provisions of section 18A ? Having regard to the order passed by the Income-tax Officer under section 23A in respect of the company's profits of the year 1947 and having apportioned the sum of ₹ 17,641 to the shareholder, Pushpakumar, as his proportionate share in the distribution made by the Income-tax Officer under section 23A and having regard to the provisions of section 14(2)(c), whether the said sum of ₹ 17,641 has been properly included in his total income for the purpose of charging it to tax ? Held that:- The answer to question No. 1 is thus in the negative, with the modification that section 23A applied only to that portion of the income which was earned in British India and not in Bhor State. The answer to the second question is in the negative. The answer to the third question is in the affirmative. Appeal dismissed.
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